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What Family Members Need to Know After a Fatal Car Accident in Florida

November 24, 2025 | Category: Automobile Accidents | Share

Losing a loved one in a fatal car accident is a tragedy that no family should ever be forced to endure. There is no excuse for drivers, car manufacturers, repair shops, and other businesses taking chances that put people’s lives in jeopardy. Yet, there are tens of thousands of fatal car accidents in the United States annually. As a result, each year, families find themselves needing to hire a Fort Myers wrongful death lawyer at Spivey Law Firm, Personal Injury Attorneys, P.A. to seek justice for a loved one’s untimely passing.

If you have lost a loved one in a fatal car accident in Florida, we offer our sincere condolences. We also want you to know that we are here to help. If you have questions about taking legal action, Fort Myers wrongful death lawyer Randall L. Spivey can explain everything you need to know, and if your family has a claim, he can fight for justice on your family’s behalf.

7 Important Facts for Family Members After Fatal Car Accidents

Here are seven important facts about your family’s legal rights after a fatal car accident in Florida:

1. You Have the Right to Find Out What Happened

When you are coping with the unexpected loss of a loved one, you should not be left wondering what happened. You have the right to find out what caused your loved one’s fatal accident—and this will allow you to determine if your family has grounds to file a wrongful death claim under Florida law. When you choose to work with a lawyer from Spivey Law Firm, Personal Injury Attorneys, P.A., one of the first priorities will be to conduct a comprehensive investigation focused on determining the precise cause of the collision.

2. You Have the Right to Find Out Who (or What Company) is Responsible

Determining the precise cause of the collision will also allow your lawyer to determine who (or what company) is responsible. This, in turn, will allow your lawyer to determine what claims he or she can file on your family’s behalf. Depending on the circumstances involved, some examples of potential claims in fatal car accident cases include claims against:

  • Negligent, reckless, and aggressive drivers
  • Drivers’ employers (i.e., trucking companies, transportation companies, and big box retailers)
  • Rideshare companies (i.e., Uber and Lyft)
  • Car, truck, and SUV manufacturers
  • Repair shops, dealerships, road construction companies, and other third parties

The evidence that is available will dictate the claim (or claims) your lawyer can file on your family’s behalf. If multiple parties share responsibility for the crash, your lawyer can fight to hold all of the at-fault parties accountable.

3. You Have the Right to Seek Accountability In or Out of Court

Grieving families have the right to seek accountability in or out of court. In many cases, seeking accountability involves pursuing a settlement outside of the formal litigation process. However, if this will not provide a satisfactory outcome, then families can—and should—fight for justice at trial.

4. Florida’s “No Fault” Auto Insurance Restriction Does Not Apply

If you have been researching your family’s legal rights, or if you have been involved in a car accident before, you may be familiar with Florida’s “no fault” insurance law. This law limits the compensation available to car accident victims in some cases. However, in wrongful death cases, Florida’s “no fault” auto insurance restriction does not apply.

5. Florida Law Entitles Grieving Families to Compensation for the Financial Costs Associated with Their Loved One’s Death

In Florida, grieving families can—and should—seek compensation for all of the financial costs associated with their loved one’s death. This includes costs such as:

  • Medical expenses for treatment administered prior to death
  • Funeral, burial, and cremation expenses
  • Other out-of-pocket expenses
  • Loss of the victim’s earnings and benefits
  • Loss of the victim’s future earning capacity and inheritance

Unfortunately, the financial costs associated with losing a loved one unexpectedly can be substantial. For many families, these costs can far exceed what they can afford. If your family has grounds to file a wrongful death claim, your lawyer will be able to seek compensation for all of these costs on your family’s behalf.

6. Florida Law Also Entitles Grieving Families to Compensation for Various Types of Non-Financial Losses

Your lawyer can seek compensation for the non-financial losses, including mental pain and suffering, loss of companionship, and loss of instruction and guidance, resulting from your loved one’s fatal accident as well. Losing a loved one in a fatal accident can impact your life in ways you could not have previously imagined. While there is no way to truly replace what you have lost, financial compensation is available—and seeking this compensation is important for establishing accountability.

7. It Is Important to Have Experienced Legal Representation

While grieving families have clear legal rights in Florida, asserting these rights can be challenging. As a result, it is important to have experienced legal representation. If you have questions about filing a wrongful death claim, we strongly recommend that you speak with a lawyer at Spivey Law Firm who can help you assert your family’s legal rights effectively.

In this scenario, taking action promptly is important as well. While we know this can be difficult, waiting to act could make your situation even worse. By hiring a Fort Myers wrongful death lawyer with Spivey Law Firm, Personal Injury Attorneys, P.A.to investigate your loved one’s accident before any critical evidence disappears, you help ensure that your lawyer is able to seek the justice you and your family deserve.

Schedule a Free, No-Obligation Consultation with Fort Myers Wrongful Death Lawyer Randall L. Spivey Today

Randall L. Spivey has been a Florida attorney for over 30 years. He is a Board-Certified Civil Trial Attorney by the Florida Bar Association.  In Florida, less than 1% of all attorneys are Board Certified in Civil Trial Law. He is also rated by Martindale-Hubbell as a Preeminent Attorney, which is the highest level for professional excellence and the highest level of skill and integrity. Randall Spivey is also recognized as a Florida Super Lawyer for attaining a high degree of peer recognition and professional achievement by Super Lawyers magazine. Further, Randall Spivey has been selected as a Top 100 Trial Lawyers, an honor given to only a select group of lawyers for their superior skills and qualifications in the field.

If you need to speak with a lawyer about investigating and filing a wrongful death claim related to a fatal car accident in Florida, we strongly encourage you to contact us today. Experienced Fort Myers wrongful death lawyer Randall L. Spivey can explain everything you need to know and get to work protecting your family’s legal rights right away. Call Spivey Law Firm, Personal Injury Attorneys, P.A. at 239-337-7483 or toll-free at 888-477-4839, or contact us online at SpiveyLaw.com to arrange a free, no-obligation consultation.

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